Relates to food allergy awareness in food establishments; requires posting of information regarding the risk of allergic reactions; requires certain restaurants, dining rooms or commercial eating establishments to maintain on the premises a master list of all ingredients used in the preparation of each food item available for consumption; requires a report.
STATE OF NEW YORK
________________________________________________________________________
4943
2011-2012 Regular Sessions
IN ASSEMBLY
February 9, 2011
___________
Introduced by M. of A. MAYERSOHN -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to food allergy
awareness in food establishments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1352-d to read as follows:
3 § 1352-d. Allergy awareness in food establishments. 1. Every owner,
4 operator, lessor, lessee, person or corporation in charge of any restau-
5 rant, dining room or commercial eating establishment or in any other
6 place where food is prepared, sold or served for and to the general
7 public in this state, when serving food, shall:
8 (a) prominently display a poster relative to food allergy awareness in
9 the staff area; such poster shall provide, but not be limited to, infor-
10 mation regarding the risk of an allergic reaction and shall be developed
11 and approved by the department prior to display;
12 (b) include on all menus a notice to customers of the customer's obli-
13 gation to inform the server about any food allergies; the department
14 shall develop and approve the language of the notice; and
15 (c) if a restaurant, dining room or commercial eating establishment
16 with a seating capacity of fifty or more, have and maintain on the prem-
17 ises a master list of all the ingredients used in the preparation of
18 each food item available for consumption; such master list, which shall
19 be in a format approved by the department, shall be provided to any
20 consumer upon request.
21 2. For purposes of complying with this section, with respect to food
22 items that are not initially prepared at the restaurant, dining room or
23 commercial eating establishment, it shall be acceptable to rely on
24 ingredients information obtained from the manufacturers, vendors or
25 distributors of food to be consumed in such establishment, provided the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08591-01-1
A. 4943 2
1 information from a manufacturer, vendor or distributor is included in
2 the master list of ingredients.
3 3. The owner, operator, lessor, lessee or person in charge of such
4 restaurant, dining room or commercial eating establishment shall, in
5 order to obtain his or her certification, receive training concerning
6 food allergies. For purposes of this section, the training requirement
7 shall be fulfilled by viewing a video concerning food allergies and upon
8 the review and receipt of written materials prepared for the purposes of
9 providing information on food allergies. The commissioner, or his or her
10 designee, shall approve the training program, including the video and
11 written materials. Any person designated as an alternate person in
12 charge shall, in addition to existing requirements, also be knowledge-
13 able with regard to the relevant issues concerning food allergies as
14 they relate to food preparation.
15 4. No earlier than twelve months and no later than twenty-four months
16 after the effective date of this section, the department shall submit a
17 report to the speaker of the assembly and the temporary president of the
18 senate which shall include analysis of the impact of this section. The
19 report shall include, but not be limited to, any proposed changes to the
20 section consistent with the public health and welfare.
21 5. A violation of this section shall be subject to the penalty under
22 section thirteen hundred fifty-three of this title.
23 § 2. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law; provided, however, that effective immediate-
25 ly, the addition, amendment and/or repeal of any rule or regulation
26 necessary for the implementation of this act on its effective date are
27 authorized and directed to be made and completed on or before such
28 effective date.
